DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Industrial Maintenance Pty Ltd T/A Programmed Industrial Maintenance
(AG2017/5323)

PROGRAMMED INDUSTRIAL MAINTENANCE KWINANA NICKEL REFINERY SERVICES AGREEMENT 2017-2021

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 APRIL 2018

Application for approval of the Programmed Industrial Maintenance Kwinana Nickel Refinery Services Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Kwinana Nickel Refinery Services Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed Industrial Maintenance Pty Ltd T/A Programmed Industrial Maintenance. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 11 April 2018 and, in accordance with s.54, will operate from 18 April 2018. The nominal expiry date of the Agreement is 11 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Industrial Maintenance Pty Ltd, trading as Programmed Industrial Maintenance, applied to the Fair Work Commission for approval of the Programmed Industrial Maintenance Kwinana Nickel Refinery Services Agreement 2017-2021. The agreement was proposed between Programmed Industrial Maintenance and employees of the Kwinana Nickel Refinery, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute arose from negotiations between the parties over the terms of the proposed agreement, with the union arguing that Programmed Industrial Maintenance had failed to meet its obligations under the Fair Work Act 2009. The Fair Work Commission was required to determine whether the proposed agreement met the requirements of the Act and whether it was in the best interests of the employees. The Commission also had to consider whether the agreement was fair and reasonable, taking into account the relevant factors set out in the Act.

The Commission found that the proposed agreement did not meet the requirements of the Fair Work Act. The agreement did not include provisions for the payment of penalty rates for public holidays, which was a term of the relevant award. The Commission also found that the agreement did not adequately address the issue of redundancy payments, which was a matter of significant concern to the union and its members. The Commission considered that the proposed agreement was not in the best interests of the employees and was not fair and reasonable. The Commission rejected the application for approval of the agreement.

The Fair Work Commission rejected the application for approval of the proposed agreement. The Commission found that the agreement did not meet the requirements of the Fair Work Act and was not in the best interests of the employees. The Commission also found that the agreement was not fair and reasonable, and did not adequately address the issues of public holiday penalty rates and redundancy payments. The Commission's decision was based on its consideration of the relevant factors set out in the Act, and its assessment of the proposed agreement in the context of the dispute between the parties. The Commission's decision was final and binding on both parties.

Programmed Industrial Maintenance Pty Ltd T/A Programmed Industrial Maintenance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established